Theft of Money from a Wrongful Death Settlement

[lawfacts]

As the result of a car accident caused by a semi-truck, a woman was killed. One of her sons filed a wrongful death case, and the estate recovered a very large settlement. The woman's grandchildren only recently learned of the lawsuit, when their aunt (the wife of the son who filed the lawsuit) mentioned it in passing. They investigated and found that the terms of the settlement awarded more than $40,000 to each grandchild, but that the money was not distributed to them by their uncle. What should they do?

[Mr. Knowitall]

Given that this was a wrongful death action, there should be a record in the probate court of the settlement and its distribution. The grandchildren can investigate with the court to determine what was supposed to happen, and what their uncle reported having done to (supposedly) distribute the wrongful death proceeds and other estate assets, and closed the estate. Based upon that information, they should consult a probate lawyer about their options, including whether it would make sense to file a police report. They should not discuss their suspicions or actions with anybody before they consult a lawyer.